There are more unmarried couples living together in the UK than ever before. 2012 figures from the ONS show that 5.9m people are currently cohabiting in the UK – more than twice as many as in 1996 and 2 million more than ten years previous.

‘Common law’ husbands and wives aren’t recognised by the legal system

With so many couples living together without getting married, perceived wisdom is that they become ‘common law’ husband and wife, and therefore enjoy the same rights as a married couple. A public survey in 2008 confirmed this: over half (51%) of those surveyed thought that this was the case.

However this is a myth. Unless they’ve signed a legal cohabitation agreement, common law couples won’t share the same rights as married couples on a number of issues, including:

•    Inheritance – the law doesn’t automatically allow bereaved common law partners to inherit from each other.
•    Inheritance tax – provisions for increasing the inheritance tax threshold are in place for married couples, but not for a ‘common law husband and wife’.  
•    Co-owning assets – if, for instance, property is paid into by both common law partners but only in the name of one, the other partner may struggle to recover the assets that they would be entitled to in a marriage.

What is a cohabitation agreement?More...

The family lawyers' group Resolution has said there is "no justification" for government plans to increase the Court fee for a divorce from £410 to £750.

The Ministry of Justice announced plans in December 2013 to increase Court fees for Divorce and some other family applications (as well as fees for high value commercial cases).

Resolution said in its response that the case for setting family Court fees purely on the basis of cost "has not been made in relation to family proceedings". They continued, “there is no justification for charging the public more than the actual cost (even as they do today) of using a service to pursue a legal remedy which is their right under statute.”More...

The Supreme Court has ruled that children whose parents separate and go abroad should be allowed to express a choice about whether they want to accompany them to another country.

In a case likely to have a significant impact on international cases, five justices unanimously decided that a 13-year-old girl, caught in a tug-of-love between her British Father and Spanish Mother (who separated approximately 2 years ago) should be considered to be a party to the domestic dispute.

Her Father is 47 and lives in the Thames Valley and her Mother is 46 and lives in Madrid. The teenager also has 3 brothers.

The Court concluded: “The youngster's “assertions about her state of mind" were relevant to any final decision about where she might live.”

Lady Hale, deputy president of the Supreme Court and the UK's most senior female judge, suggested that the teenager's "perception" was as important as that of her parents.

She said “the relevant reality was that of the child, not the parents. This approach accords with our increasing recognition of children as people with a part to play in their own lives, rather than as passive recipients of their parents' decisions."More...

Howells has launched a brand new Youtube channel. On it, we’ll be uploading videos to share our expertise on a number of different legal issues.

Check out our two newest video guides: helping you deal with issues to residential conveyancing and matrimonial law:

A guide to residential conveyancing with Rhian Davies

Howells’ property law expert Rhian Davies answers some of the most common issues that people encounter when buying and selling a property. How long does the process take? What are the different processes involved in buying and selling a house? Are legal fees payable if one party pulls out at the end of the process?

Rhian also discusses the cost of conveyancing and the service that you can expect to enjoy from a solicitor like Howells. Clients want the personal touch, done simply, from a conveyancer that they can trust and Howells’ residential expert explains why her company’s approach to conveyancing is so popular in South Wales and across the UK.

More...

Family Law is an ever-changing legal sphere, with new regulations and practices being introduced every year. Internationally, family law becomes even more complex. That’s why it’s essential to work with trusted solicitors who know the relevant legal procedures inside out.

Our Family Law Partner Richard Scott was asked to give his experience of the issues facing families in the UK for Corporate Livewire.

Corporate LiveWire provides business professionals and individuals in the corporate finance sector with information on the latest news and developments from industry leaders from around the globe.

Specialising in all aspects of family law, from divorce and financial issues to cohabitee disputes and domestic, he joined other solicitors practicing in New York, London and Kiev and shared his experience of family law in Cardiff and the UK.

Richard and his contemporaries discussed a number of issues related to family law, from child support and dispute resolution to private investigators and the role of the media in family courts. They also talked about recent changes in their relevant jurisdictions, issues of privacy, the balance between maternal and paternal responsibilities and how different countries take varying roles in safeguarding clients. More...